Posts tagged charged with possession of marijuana

The city of Seattle is treating smoking marijuana in public at the same level as consuming alcohol in public, it is illegal and the Seattle police will issue a $27.00 fine to any individual found doing so. The good news is… Seattle police MUST first issue any individual using marijuana in public a verbal warning. If the individual fails to cooperate with the officers warning and fails to remove the marijuana from public view, then the officer may issue the $27.00 fine. More good news… the $27.00 fine is an infraction similar to a parking ticket and is not a criminal infraction such as DUI (driving under the influence), thus being cited and fined with smoking marijuana in public will not end up on your criminal record!

In less than a month, on December 6th 2013, it will be legal in Washington State for an individual to possess and smoke marijuana. Any individual age 21 or older may legally carry up to an ounce of marijuana (or 16 ounces of solid marijuana-infused product, like cookies, or 72 ounces of infused liquid, like oil) for personal use. And with these news laws coming into effect soon, it is important to know how Seattle police along with other city police officers will enforce these laws.

The Seattle Police Department has a blog article, “Marijawhatnow? A Guide To Marijuana Use” describes the police departments understanding of initiative I-502 and the measures that will be taken by law enforcement to uphold these laws. The article was written in question and answer form which makes it easy to understand in everyday applications.

Here are some of the key highlights you should know to avoid being arrested by police:

Can I legally carry around an ounce of marijuana?

According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it “is unlawful to open a package containing marijuana…in view of the general public,” so there’s that. Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).

Can I grow marijuana in my home and sell it to my friends, family, and co-workers?

Not right now. In the future, under state law, you may be able to get a license to grow or sell marijuana.

Can I smoke pot outside my home? Like at a park, magic show, or the Bite of Seattle?

Much like having an open container of alcohol in public, doing so could result in a civil infraction—like a ticket—but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn’t allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn’t allowed there either.

What happens if I get pulled over and an officer thinks I’ve been smoking pot?

If an officer believes you’re DUI (driving under the influence) of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.

What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk?

Under state law, officers have to develop probable cause to search a closed or locked container. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle. If officers have information that you’re trafficking, producing or delivering marijuana in violation of state law, they can get a warrant to search your vehicle.

SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?

No.

Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, that are allowed under I-502?

No. Officers and detectives will not participate in an investigation of anything that’s not prohibited by state law.

I’m under 21. What happens if I get caught smoking pot?

It’s a violation of state law. It may be referred to prosecutors, just like if you were a minor in possession of alcohol.

If you have any further questions pertaining to the new marijuana laws or have been recently arrested for possession of marijuana or DUI of marijuana contact our criminal defense attorneys at David O Defense 206-459-6392 today.

The above Q&A’s were derived from the article “Marijawhatnow? A Guide To Marijuana Use” was written by Jonah Spangenthal-Lee, and can be found on spdblotter.seattle.gov.

This past Sunday shortly before midnight, Dwayne Bowe, wide receiver for the Chiefs, was pulled over by Kansas City police for speeding 48 mph in a 35 mph zone. When the police officer approached Bowe’s car to collect license and registration information, the officer allegedly smelled heavy odors of recently smoked marijuana drafting from the interior of the luxury car.

The smell of marijuana provided reasonable suspicion for the officer to search the pro football player’s Audi A8 with a police dog. Two containers of marijuana were discovered, one held 6.6 grams of product and the other contained 3.8 grams. Bowe was arrested and charged with speeding and possession of marijuana. One of two passengers in the car was also arrested and charged with possession of marijuana.

According to the arresting officer’s report, Bowe admitted to smoking “a little weed” while at the Kansas City Airport. The officer also noted that Bowe asked him if the nearby Sonic fast food joint was still open.

-Apparently, Bowe and his buddies were stoned, hungry, and were in a huge hurry to get to Sonic before it closed at midnight.-

Bowe was released from jail on $750.00 bail and has his first court appearance set on December 18th.

Lucky for Chief fans, Bowe will not face any football league suspensions at this time for the possession of marijuana charge and will be allowed to play in this Sundays highly anticipated game against the Broncos. According to the Collective Bargaining Agreement, Bowe will have his case handled by the court system before the NFL or Chiefs can impose any disciplinary actions.

Bowe is also lucky that he wasn’t charged with DUI (driving under the influence) of marijuana. Technically, the officer could have investigated the 29-year-old for DUI since Bowe verbally admitted to smoking “a little weed” and the officer smelled recently smoked marijuana inside car.

Since his arrest, Bowe has released a short apology statement to the public, “I apologize to the Hunt Family, Coach Reid, my teammates and Chiefs fans for the distraction I have caused the team this week… Due to the nature of the pending matter, I am unable to make any further comment on the situation.”

In Washington State, it will be legal on December 6th 2013 for all persons age 21 and older to possess any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form, according to the Washington State Liquor Control Board.